F1 to H4 COS

[ravshrestha9]

My concern is that my girlfriend is currently in initial OPT which expires in July 9,2020. Due to COVID 19, she hasn't been able to get a job. She is currently looking for work through a consultancy and applied her STEM OPT, but we want to switch to H4. We are planning to use the unemployment days as soon as the STEM OPT starts.

So my question is: 1) She has around 120 days (so approximately she has till Nov 2020) of unemployment left combining that she gets her STEM OPT approved. Will I be able to apply for her H4 with just the H1b receipt? I am not sure how long it will take for my H1b approval, but I should be able to apply for her COS right?

2) We are planning to get married soon so that I can apply for her H4, but due to COVID 19, we had to postpone. Will there be any impact on getting married if we are both on F1? Currently I am in STEM OPT and she is in her initial OPT. Our plan was to get married right now, and once I get my H1b then apply for her H4.

3) Will we be able to apply for her H4 on our own without paying the lawyer? Could you provide me a list of documents needed to apply for H4 or some resources that lists the documents needed?

Any help will be highly appreciated. Thanks

[R78]

1) Depends.
If this is your first H1 (receipt only) then you have to wait to get the approval notice.
If this is your renewal, then you can use the receipt. However, her H4 will only be approved once your H1 is.

2) Solely getting married on F1 or H1, does not change anything. There is no automatic COS for anyone.
You need to apply for it. So if you don't do anything after getting married, she can continue to stay on F1 & you on H1.

3) H4 is a very simple process. You don't need anyone to provide you with any documents. She needs to open an online USCIS account and file I-539. The system does an excellent job asking questions, telling you what documents are needed, paying fees online (credit card) etc. ONLINE is the way to go.
If you hire a lawyer, then only paper filing option can be used.